Legal Opinion

Siegel v. Thern

Massachusetts Supreme Judicial Court

Decided January 5, 1918PublishedCited by 1 opinion

Contract for breach of an agreement in writing and under seal by the defendant to sell to the plaintiff premises at the corner of Hansborough Street and Blue Hill Avenue in that part of Boston which formerly was Dorchester.

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Contract for breach of an agreement in writing and under seal by the defendant to sell to the plaintiff premises at the corner of Hansborough Street and Blue Hill Avenue in that part of Boston which formerly was Dorchester. Writ dated August 13, 1915. . In the Superior Court the case was tried before Morton, J. The testimony of the real estate expert, referred to in the opinion, was that at the request of the counsel for the plaintiff he had viewed the premises in question about three weeks before the trial of the case in the Superior Court; that he did not go inside; that he reached his…

1Opinion of the CourtCarroll, J.

This is an action of contract for the breach of an agreement for the sale of real estate. The agreement was signed by the plaintiff and by the defendant’s husband, who was alleged to have acted for her with her authority. The defendant excepted to the statement of a witness that at a trial in another case between “parties other than the parties to this suit,” he heard Mrs. Thern testify “that she gave full authority to Mr. Them to do with the houses as he pleased.” Clearly this evidence was admissible: it was an acknowledgment by the defendant that her husband was authorized to act for her.…

2Cases cited4 opinions

  1. Jaquith v. MorrillMassachusetts Supreme Judicial Court · 1910
  2. Costigan v. LuntMassachusetts Supreme Judicial Court · 1879
  3. Phillips v. County of MiddlesexMassachusetts Supreme Judicial Court · 1879
  4. Stone v. StoneMassachusetts Supreme Judicial Court · 1906

3Cited by1 opinion

  1. Brown v. Metropolitan Transit AuthorityMassachusetts Supreme Judicial Court · 1961

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